What Are The Elements Of Rule Against Perpetuities in Property?

The Rule Against Perpetuities states that a future interest in property must vest, if at all, within twenty-one years after the death of a life in being at the time the interest is created. The elements focus on ensuring that property interests do not extend indefinitely into the future.

The Rule Against Perpetuities (RAP) is a legal doctrine in property law that aims to prevent the indefinite postponement of property interests. To establish if a future interest violates the RAP, it must be determined whether the interest is valid at the time of creation. The two primary elements of RAP are that the interest must vest within 21 years of the death of a life in being, and that any conditions precedent do not thwart this vesting.

A key principle underlying the rule is the identification of a "life in being"—a human life existing at the time the interest is created whose death marks the ultimate endpoint for the interest's vesting. To evaluate whether an interest complies with the RAP, one must analyze all possible events and contingencies that could affect the timing of the interest's vesting.

Typically, interests that are created after the death of a measuring life, or that potentially extend beyond the 21-year period, are void. For example, if a grant conveys property to a person for life, then to his children, but if none survive him, to a charity in perpetuity, the aspect concerning the charity may violate the RAP if it is uncertain whether the children will survive.

The rule has exceptions and variations, particularly in jurisdictions that have adopted statutes such as the Uniform Statutory Rule Against Perpetuities which simplifies application. However, the original common law rule remains a critical aspect of testamentary and property matters, particularly in drafting wills and trusts.

• 1Javins v. First National Realty Corp. (1970) - addressed issues of residential leases and their enforceability within the context of future interests.
• 2RAP, the Hypothetical Life Rule (1970) - explored limits on interests created by hypothetical lives.
• 3Wait v. E.N. Smith (1929) - provided a practical application of the RAP, invalidating an interest that was indeterminate.
• 4Rochester v. Heil (1867) - focused on the effects of failed future interests and applications of the RAP.

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